Small and others v Boots Co plc and another [2009] IRLR 328 EAT

Contracts of employment: Tribunal erred in not determining to which aspect of a bonus scheme the employer's discretion attached

Date:

27 April 2009

In Small and others v Boots Co and another [2009] All ER (D) 200 (Jan) EAT, the EAT held that the fact that the employer had stated that a bonus was discretionary did not necessarily mean that it had no contractual effect. The employer's discretion could relate to: whether or not to operate a bonus system at all; whether or not to award a bonus in a given year; or the amount of bonus to be awarded.